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Old 11-10-2010, 02:24 PM
 
2 posts, read 18,138 times
Reputation: 12

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Hello,

back in September I got a speeding ticket ( only a handful of miles above the limit). In october I had the court date and I could not go that day. So the day before I went there and wanted them to MOVE my court date. I had to go, I couldn't just mail in everything etc. BEcause the cop gave me a ticket for not having insurance cause I did not have the right card with me. For some reason she then asked me if I wanted to plead guilty or not guilty. I told her again that I just wanted to MOVE the date ( request def. driving or whatever). She said that I need do choose. I of course said not guilty. I did panic a little and hired a law firm ( I know ). I do not even know why that woman would not just move the damn date but gave me a trial date right away. Makes no sense to me! It was supposed to be on 11/18 on Lubbock. Now the law firm requested a jury trial and the court date is not in JUNE 2011 That's almost one year after I got the ticket. That takes way to long. I did not want this to drag on for so long. Obviously I now want them to do whatever to get rid of that ticket since I was not given the chance to go the regular route. I think that when you request a trial you give up your right to take def. driving.

Does anybody know if this is normal in this city? Can't they get any jurors or what!? Why is the city not doing anything to fill the backlog? And is there anything else I can do now? Could I still request def. driving? I know, this would be a question for the law firm, but the stuff they did was a little fishy so I want to get other opinions too.
Thanks!!!
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Old 11-10-2010, 02:32 PM
 
5,976 posts, read 15,273,721 times
Reputation: 6711
Default The heights of laziness...

Quote:
Originally Posted by CaseFighter View Post
Hello,

back in September I got a speeding ticket ( only a handful of miles above the limit). In october I had the court date and I could not go that day. So the day before I went there and wanted them to MOVE my court date. I had to go, I couldn't just mail in everything etc. BEcause the cop gave me a ticket for not having insurance cause I did not have the right card with me. For some reason she then asked me if I wanted to plead guilty or not guilty. I told her again that I just wanted to MOVE the date ( request def. driving or whatever). She said that I need do choose. I of course said not guilty. I did panic a little and hired a law firm ( I know ). I do not even know why that woman would not just move the damn date but gave me a trial date right away. Makes no sense to me! It was supposed to be on 11/18 on Lubbock. Now the law firm requested a jury trial and the court date is not in JUNE 2011 That's almost one year after I got the ticket. That takes way to long. I did not want this to drag on for so long. Obviously I now want them to do whatever to get rid of that ticket since I was not given the chance to go the regular route. I think that when you request a trial you give up your right to take def. driving.

Does anybody know if this is normal in this city? Can't they get any jurors or what!? Why is the city not doing anything to fill the backlog? And is there anything else I can do now? Could I still request def. driving? I know, this would be a question for the law firm, but the stuff they did was a little fishy so I want to get other opinions too.
Thanks!!!

Ha... I'll sit back and watch the comments on this one....

But for now, let me tell you that when dealing with the City of Houston's Courts and employees, you are witnessing the quintessential example of bovine inspired laziness!

That said, I had a ticket, it took a year to settle. My arrangement was in a month, but then my court date was set six months later. I show up, but things were slow, nothing like spending an entire day there, very interesting people frequent the place..... anyway, the court took too long, and thought the courts close at 17:00, the Judge and her employees did not want to stay late, so at 15:30, rescheduled everyone... six months later!

I show up, over a year now, and the officer is there, but not his partner... my attorney complained, and the judge agreed, and told the prosecuter he can't have more time, and my case was called up, but without the officer, there was not enough evidence, so case was dismissed.

Good luck.
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Old 11-10-2010, 02:54 PM
 
Location: Texas
1,922 posts, read 2,778,970 times
Reputation: 954
don't worry, the day of your trial your attorney will settle with the prosecuter, probably a fine and you'll be done. I seriously doubt it will actually go to trial, because if it does you will most likely lose.
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Old 11-10-2010, 05:01 PM
 
Location: Spring, TX
847 posts, read 1,752,213 times
Reputation: 651
my bet is that it will be dismissed......
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Old 11-10-2010, 07:47 PM
 
23,177 posts, read 12,223,977 times
Reputation: 29354
Delay is in your favor. The longer it takes til your court date, the less likely for the officer to show. He may quit or move, get fired or transferred or promoted, etc.

You probably can't get DD but you can get deferred adjudication, if not dismissal.
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Old 11-10-2010, 08:48 PM
 
Location: Houston, TX
8,895 posts, read 20,002,567 times
Reputation: 6372
Did you know that the officers have a regular court day assigned to them ... so if you postpone, try to get a different day of the week. If you get the same day - odds are pretty good your officer will be there regardless of the amount of time.
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Old 11-11-2010, 06:41 AM
 
Location: Clear Lake Area
2,075 posts, read 4,447,102 times
Reputation: 1974
So it's the cities fault you didn't properly educate yourself on the difference between requesting a court date and taking defensive driving? It's their fault you waited until the day before the court date to reschedule? Is it also their fault you were speeding and weren't carrying proof of insurance?
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Old 11-11-2010, 07:54 AM
 
Location: Houston, TX
469 posts, read 1,101,238 times
Reputation: 442
Quote:
Originally Posted by texas7 View Post
Did you know that the officers have a regular court day assigned to them ... so if you postpone, try to get a different day of the week. If you get the same day - odds are pretty good your officer will be there regardless of the amount of time.
This is correct. They put all the officers court dates on the same day. He is going to show up.

This will not go to trial. The prosecutor will offer a plea and your lawyer will probably be able to get it dismissed if your record is pretty clean. I requested a trial by judge and there were 40 cases in my courtroom and they all were plead out or dismissed.
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Old 11-11-2010, 07:46 PM
 
2 posts, read 18,138 times
Reputation: 12
That sounds very incompetent. But in the end it might be better for my case, I guess I don't find it acceptable. The city needs to get their act together. I would have been very pissed of if I had to to wait a year. It's not that hard to call people for jury duty. And I thought we had the right to a speedy trial ! thanks for the input. I already thought there was something wrong with this! But I did call 311 and they confirmed it. Seems to be the "norm" in Houston.

It's rescheduled for the same day, though.
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Old 11-12-2010, 11:15 AM
 
Location: Houston, TX
469 posts, read 1,101,238 times
Reputation: 442
Quote:
Originally Posted by CaseFighter View Post
That sounds very incompetent. But in the end it might be better for my case, I guess I don't find it acceptable. The city needs to get their act together. I would have been very pissed of if I had to to wait a year. It's not that hard to call people for jury duty. And I thought we had the right to a speedy trial ! thanks for the input. I already thought there was something wrong with this! But I did call 311 and they confirmed it. Seems to be the "norm" in Houston.

It's rescheduled for the same day, though.
Life in a big city. It was no different than when I lived in South Florida. Courts are busting at the seams.
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